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Community Land Use Plan Project in November of 2000

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Community Land Use Plan Project in November of 2000 COMMUNITY BASED LAND USE PLAN TSE DAA KAAN CHAPTER, NAVAJO NATION Prepared by: DUANE H. YAZZIE CONSULTANT Rez Star Point SHIPROCK, NAVAJO NATION COMMUNITY BASED LAND USE PLAN TSE DAA KAAN CHAPTER, NAVAJO NATION TABLE OF CONTENTS CHAPTER 1: Introduction, Authority, Purpose and Process Page No. 1.1 Introduction 7 1.2 Background 7 1.3 Authority 8 1.4 Purpose 10 1.5 Project Planning Process 10 1.6 Community Participation Process 14 1.7 Conclusion 15 1.8 Definitions 16 1.9 Exhibits 19 CHAPTER 2: Community Assessment 2.1 Vision Statement 25 2.2 Existing Land Status 27 2.3 Demographic Data 27 2.4 Housing Data 34 2.5 Grazing and Agricultural Information 40 2.6 Community and Public Facilities Information 43 2.7 Commercial and Industrial Development Information 46 2.8 Conclusion 47 2.9 Exhibits 48 CHAPTER 3: Land Suitability Analysis 3.1 Background - Site 1 58 3.2 Physical Characteristics of Site 1 58 3.3 Site Analysis Elements 59 3.4 Compilation of Field Data and Methodology 69 3.5 Accessibility 69 3.6 Conclusion 70 3.7 Consultation Coordination 70 3.8 Exhibits 71 3.9 Background – Site 2 84 3.10 Physical Characteristics of Site 2 85 3.11 Site Analysis Elements 86 3.12 Compilation of Field Data and Methodology 105 3.13 Accessibility 105 3.14 Conclusion 105 3.15 Exhibits 107 Community Based Land Use Plan 2 Tse Daa Kaan Chapter, Navajo Nation CHAPTER 4: Infrastructure Analysis 4.1 Background 117 4.2 Infrastructure Analysis Elements 117 4.3 Conclusion 119 4.4 Exhibits 120 CHAPTER 5: Development Sites Land Use Plans 5.1 Background 125 5.2 Site Access 125 5.3 Site Related Elements 125 5.4 Development Site 1 Land Use Plan 127 5.5 Development Site 2 Land Use Plan 128 5.6 Conclusion 129 5.7 Exhibits 130 CHAPTER 6: Open Space Plan and Thoroughfare Plan 6.1 Tse Daa Kaan Chapter Open Space Plan 134 6.2 Tse Daa Kaan Chapter Thoroughfare Plan 135 6.3 Exhibits 136 CHAPTER 7: Implementation Recommendations 7.1 Tse Daa Kaan Chapter Land Use Policies 140 7.2 Additional Implementation Recommendations 144 7.3 Site Development Requirements 146 7.4 Legal Considerations 147 7.5 Conclusion 147 CHAPTER 8: Summary 149 PERSONNEL 150 Community Based Land Use Plan 3 Tse Daa Kaan Chapter, Navajo Nation EXHIBITS Page No. 1.9.1 Planning Process Diagram 01 12 1.9.2 Planning Process Diagram 02 13 1.9.3 List of Meetings 19 1.9.4 Tse Daa Kaan CLUP Committee Resolution 20 1.9.5 Tse Daa Kaan Chapter Resolution 21 1.9.6 Transportation & Community Development Committee Resolution 22 2.9.1 Community Assessment Survey Instrument 48 2.9.2 Grazing and Agricultural Information 49 2.9.3 Community and Public Facilities Information 51 2.9.4 Commercial and Industrial Development Information 52 2.9.5 Land Status Map - DRG 53 2.9.6 Land Status Mosaic Map 1 54 2.9.7 Land Status Mosaic Map 2 55 3.8.1 Selected References 71 3.8.2 Development Sites Map 73 3.8.3 Soils Data Map Legend – Development Site 1 74 3.8.4 Soils Data Map 75 3.8.5 Soils Data Map Legend – Development Site 2 76 3.8.6 Soils Data Map 77 3.8.7 Environmental Sensitive Areas Map 78 3.8.8 Photos of South Tse Daa Kaan Development Site 79 3.8.9 List of Flora (Vegetation) 80 3.8.10 List of Fauna (Wildlife) 83 3.15.1 Selected References 107 3.15.2 Photos of Tse Daa Kaan Chapter House Tract Development Site 110 3.15.3 List of Flora 111 3.15.4 List of Fauna 114 4.4.1 Chapter Area Utility Infrastructure Systems 120 4.4.2 Community Area Utility Infrastructure Systems Map 1 121 4.4.3 Community Area Utility Infrastructure Systems Map 2 122 5.7.1 South Tse Daa Kaan Development Site Land Use Plan 130 5.7.2 Tse Daa Kaan Chapter House Tract Site Land Use Plan 131 6.3.1 Tse Daa Kaan Chapter Open Space Plan 136 6.3.2 Tse Daa Kaan Chapter Thoroughfare Plan 137 Community Based Land Use Plan 4 Tse Daa Kaan Chapter, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION CHAPTER LAND USE PLAN CHAPTER 1 – INTRODUCTION Community Based Land Use Plan 5 Tse Daa Kaan Chapter, Navajo Nation CHAPTER 1: INTRODUCTION TABLE OF CONTENTS 1.1 Introduction 1.2 Background 1.3 Authority 1.4 Purpose 1.5 Project Planning Process 1.6 Community Participation Plan 1.7 Conclusion 1.8 Definitions 1.9 Exhibits Community Based Land Use Plan 6 Tse Daa Kaan Chapter, Navajo Nation CHAPTER 1: INTRODUCTION, AUTHORITY, PURPOSE, PROCESS 1.1 Introduction The Tse Daa Kaan Chapter of the Navajo Nation successfully applied to participate in the NAHASDA Community-based Land Use Plan project under sponsorship of the Office of Navajo Government Development. The firm of Rez Star Point, Duane H. Yazzie - Principal, was selected as the consultant, to provide technical services to the Chapter. The Tse Daa Kaan Chapter and Rez Star Point initially began work on the Chapter Community Land Use Plan project in November of 2000. After a series of meetings and fieldwork, the work was completed on the Chapter Community Land Use Plan, specifically on the proposed development sites. The Tse Daa Kaan Chapter leadership retained Rez Star Point to do an update of the Land Use Plan in October 2007. Presented herein is an updated work product that provides a description of the elements that are collectively formulated into the Tse Daa Kaan Community-based Land Use Plan document. This document is to be treated as a general guide and planning tool as the community works toward realizing its goals of community and economic development. The document should provide development guidance over the next five years. 1.2 Background In response to the request for new housing throughout Indian Country by Native leadership, the U.S. Congress approved the Native American Housing Assistance and Self Determination Act of 1996 (NAHASDA). Although the greater amount of the NAHASDA funds was intended for development of new housing, a significant amount of funding was made available for planning of potential development sites by Navajo Chapters/ communities. The opportunity for communities to learn the planning process for new housing and other elements of community and economic development is a welcome departure from the practice of the central government planning for the communities and thus dictating the manner of development. This opportunity is consistent with the principles of Self Determination, Self Sufficiency, Self Reliance, Decentralization, Local Empowerment and Local Governance. Further this opportunity is consistent with the time honored and paramount Navajo edict of TAA HO A JI TEEGO or "do for yourself" meaning “achieve success through your own efforts, with initiative and determination.” Community Based Land Use Plan 7 Tse Daa Kaan Chapter, Navajo Nation The Navajo Nation through the Office of Navajo Government Development received NAHASDA grant funds; this grant funded the Chapter Land Use Plan and Housing Planning project. The grant was scheduled to fund the Chapters to work with their consultants to complete their Land Use Plans. The Tse Daa Kaan Chapter was selected to be one of the Chapters in the first year of the project. 1.3 Authority The Navajo Nation Council through Resolution CAP-34-98 enacted the Navajo Nation Local Governance Act (LGA). The LGA is codified at Title 26, Navajo Nation Code. The LGA confers certain authorities upon Navajo Nation Chapters to engage in a process of local governance, including the authority to conduct all manner of local planning for the community. The Local Governance Act of 1998 contains explicit authorities scheduled to be granted to governance-certified Navajo Chapters to "do for themselves". These provisions include: Subchapter 1, B. Purpose 1. The purpose of the Local Governance Act is to recognize governance at the local level. Through adoption of this Act, the Navajo Nation Council delegates to Chapters governmental authority with respect to local matters consistent with Navajo law, including custom and tradition. 2. Enactment of the Local Governance Act allows Chapters to make decisions over local matters. This authority, in the long run, will improve community decision making, allow communities to excel and flourish, enable Navajo leaders to lead towards a prosperous future, and improve the strength and sovereignty of the Navajo Nation. The LGA provides specific authorities that give governance-certified Chapters the means to exercise decision-making powers on the following elements that pertain to the regulation and planning-in-general of land. The governance-certified Chapters would enact ordinances via Chapter resolution to effect these authorities. Subchapter 3, Section 103, Chapter Authority 1. To issue home and business site leases or permits. 2. To amend the land use plan to meet changing needs of the community. 3. To acquire property by eminent domain. 4. To adopt zoning ordinances consistent with the land use plan. Community Based Land Use Plan 8 Tse Daa Kaan Chapter, Navajo Nation The LGA further provides the following authorities for governance- certified Chapters to maintain a Community-based Land Use Plan. Subsection 7, Section 2004; Zoning, Community-based Land Use Plans, Land Use Variations. 1. Chapters may enact zoning ordinances. 2. Chapters shall enforce zoning ordinances. 3. Chapters can approve land use variations. The Land Use Plan is developed by the Chapter appointed Community Land Use Planning (CLUP) Committee. The CLUP Committee will recommend the Plan for consideration and adoption by Chapter resolution and prepare for presentation to the Transportation and Community Development Committee (TCDC) of the Navajo Nation Council.
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